Part 137 Fee Dispute training available for attorneys

February 28, 2023 Rob Abruzzese

The Brooklyn Bar Association, its Part 137 Committee, and co-chairs Doron Leiby and Domenick Napoletano, are encouraging lawyers to sign up for the New York County Lawyers Association’s Fee Dispute training program on Wednesday, March 8. Eagle file photo by Robert Abruzzese

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The Brooklyn Bar Association is encouraging attorneys to sign up for a Part 137 Fee Dispute Arbitration Training that is being offered by the New York County Lawyers Association on Wednesday, March 8.

The PART 137 Fee Dispute Resolution Program is a NYS program designed to help resolve disputes between attorneys and clients over legal fees. The program is named after Part 137 of the Rules of the Chief Administrator of the Courts, which outlines the procedures for fee dispute resolution.

Under the program, both the attorney and the client must agree to participate in the dispute resolution process, which is typically done through mediation or arbitration. The goal is to reach a fair and reasonable resolution that is agreeable to both parties without the need for litigation.

If a resolution is not reached through the PART 137 program, the parties can still pursue other legal options to resolve the dispute. However, the program is often seen as a more efficient and cost-effective way to resolve fee disputes.

The program is available to clients who have retained an attorney on or after January 1, 2002, and whose legal fees have not been paid in full. It covers disputes over fees for legal services, expenses, and disbursements. However, it does not cover disputes over the quality of legal services provided.

The PART 137 Fee Dispute Resolution Program is intended to promote fairness and professionalism in the legal profession by providing a mechanism for resolving fee disputes in a timely and efficient manner.

The Brooklyn Bar Association (BBA) participates in the Part 137 program by appointing neutral arbitrators for fee dispute cases. The BBA’s Part 137 Committee, which is co-chaired by Domenick Napoletano and Doron Leiby, is responsible for reviewing attorney-client fee disputes and appointing arbitrators to resolve disputes under the program.

The BBA also provides training to arbitrators and maintains a roster of qualified arbitrators who are eligible to serve in the Part 137 program. In addition, the BBA provides administrative support to the program, such as scheduling and logistical assistance for hearings.

The NYCLA’s training session is a day-long event that will be held live on Zoom and is worth eight continuing legal education credits. Once attorneys complete the training, they will be qualified to serve as arbitrators for the BBA and other bar associations that participate in the Part 137 program.

The training covers topics such as orientation to the Fee Dispute Program, issues raised in the arbitration process, aspects of the arbitration process, and tasks of the arbitrator. The program is open to attorneys and non-attorneys with experience, with attorney applicants required to be admitted to the New York State Bar for at least five years.